RONNIE L. WHITE, District Judge.
This matter is before the Court on Plaintiffs Motion to Reconsider the Court's Memorandum and Order of January 29, 2018.
Plaintiff has filed a motion to reconsider the Court's Memorandum and Order of January 29, 2018 under Rules 59(e) and 60(b) of the Federal Rules of Civil Procedure. Plaintiff requests that the Court alter or amend its judgment and allow her race and disability claims to go forward against Christian Hospital, as well as all discrimination claims to go forward against BJC. In support, Plaintiff attaches a letter to the EEOC that she alleges was attached to her amended charge of discrimination. (Pl.'s Ex. 1, ECF No. 62-1) Defendants respond that Plaintiff has failed to demonstrate that she is entitled to relief under either Rule 59(e) or 60(b).
"A district court has broad discretion in determining whether to grant or deny a motion to alter or amend judgment pursuant to Rule 59(e)." United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006) (citation omitted). "Rule 59(e) motions serve the limited function of correcting `manifest errors of law or fact or to present newly discovered evidence.'" Id. (quoting Innovative Home Health Care v. P. T-0. T Assoc. ofthe Black Hills, 141 F.3d 1284, 1286 (8th Cir. 1998) (internal quotation omitted)). Motions under 59(e) "`cannot be used to introduce new evidence, tender new legal theories, or raise arguments which could have been offered or raised prior to entry of judgment.'" Id. (quoting Innovative Home Health Care, 141 F.3d at 1286). "To prevail on a Rule 59(e) motion, the movant must show that (1) the evidence was discovered after trial; (2) the movant exercised due diligence to discover the evidence before the end of trial; (3) the evidence is material and not merely cumulative or impeaching; and (4) a new trial considering the evidence would probably produce a different result." Id. "A motion to reconsider `cannot be used to raise arguments which could have been raised prior to the issuance of judgment.'" Adams v. Campbell, No. 2:12 cv-00024HEA, 2014 WL 117568, at *1 (E.D. Mo. Jan. 13, 2014) (quoting Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir.1988)).
Similarly, under Rule 60(b), a court may relieve a party from a court order for several reasons including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, misconduct by an opposing party, or any other reason that justifies relief. Fed. R. Civ. P. 60(b)(1)-(3), (6). "`Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence.'" Arnold v. ADT Sec. Servs., Inc., 627 F.3d 716, 721 (8th Cir. 2010) (quoting Hagerman, 839 F.2d at 414 (quotations and citations omitted)). "The district court has wide discretion in ruling on a Rule 60(b) motion. . . ." Jones v. Swanson, 512 F.3d 1045, 1049 (8th Cir. 2008). Rule 60(b) "authorizes relief based on certain enumerated circumstances (for example, fraud, changed conditions, and the like). It is not a vehicle for simple reargument of the merits." Broadway v. Norris, 193 F.3d 987, 990 (8th Cir. 1999).
The Court finds that Plaintiff has failed to demonstrate that she is entitled to relief under either Rule 59(e) or 60(b). First, the evidence Plaintiff now presents, a letter allegedly attached to her amended charge of discrimination, is not new evidence. Plaintiff submitted the amended charge of discrimination and Right to Sue Notices with her pleadings. Plaintiff had ample opportunities to also submit the attachment to the amended charge in her many responses to Christian Hospital's motion to dismiss and BJC's motion to dismiss or for summary judgment, as well as her own summary judgment motion. As stated above, motions under 59(e) cannot be used to introduce new evidence which could have been raised prior to entry of judgment. Metro. St. Louis Sewer Dist., 440 F.3d at 934.
Likewise, under Rule 60(b)(3)
Accordingly,